Criminal Appeal Lawyer Bangor, ME
If you are interested in making an appeal regarding one of your criminal cases, reach out to a criminal appeal lawyer in Bangor, ME from David Bate Law Office now. Dismissing criminal charges is often discussed in the context of dismissal before a plea agreement or before trial. Charges can be dismissed even if the legal case has gone to trial and the defendant lost. A convicted defendant can appeal, however. A defendant who launches an appeal can sometimes obtain an order from the appellate court to have the case dismissed by the lower (trial) court.
Or, an appeal can result in the trial court entering a judgment of acquittal rather than retrying the case. After losing an appeal, a prosecutor might decide to dismiss a case voluntarily as well. If you need help seeking an appeal after a criminal conviction, a Bangor ME criminal defense lawyer can help you fight for your freedom and best interests.
Mounting an Appeal Based on a Faulty Search or Arrest
A trusted Bangor, Maine criminal appeal lawyer from our firm knows a court of appeals can reverse a conviction and dismiss a case on the grounds of a faulty search or arrest. After the court rules that the search or arrest was inappropriate, the court will usually order that any evidence found in the bad search or arrest cannot be introduced at trial. The court of appeals may examine what’s left of the case and decide that the prosecution doesn’t have sufficient evidence to retry the case and will order the trial court to dismiss the case.
Or, a case may be overturned based on insufficient evidence supporting the defendant’s arrest. In this circumstance, the court may determine that there is no evidence remaining that ties the defendant to the crime. Even if the court of appeals doesn’t order a dismissal, the prosecutor may decide there is insufficient evidence to convict.
Furthermore, if the court of appeals rules that a search was unconstitutional, and then rules that evidence cannot be considered, the prosecution may not have enough evidence to support finding the defendant guilty. In this circumstance, the appellate court may order a dismissal or the prosecutor may decide he has no other choice than to dismiss the charges.
Insufficient Evidence to Support the Jury’s Decision
Sometimes a court of appeals court will reverse a finding of guilt by deciding the jury didn’t have enough evidence to support its decision. If the defendant makes this same argument on appeal, the judge may order an acquittal.
Our Bangor criminal appeal lawyer knows that a court can only hear cases in its jurisdiction. If a court oversteps its bounds and hears a case without jurisdiction, the case may be overturned or dismissed.
Cases Can Be Dismissed Due To Vindictive Sentencing
Vindictive sentencing could be an issue if:
- The trial judge initiated plea discussions. Judges are not supposed to start plea discussions, but they may be invited to participate in the process;
- The judge made comments that call into question his or her role as a neutral arbiter. This can happen if a judge urges a defendant to take a plea, among other things;
- There is a substantial difference between the plea offer and sentence after trial;
- There is some undetermined reason for the increase in a sentence. Other than that, the defendant exercised his right to a trial.
Consult a Criminal Appeal Lawyer Bangor, ME Residents Rely On
If you are charged with a crime, you don’t want to rely on winning an appeal if you have not even been to trial. Contact us right away to set up a consultation. Our criminal appeal lawyer in Bangor, ME from David Bate Law Office knows your rights and can advise you of your options.